The Head Master is responsible for the whole school and must quickly report any incidents under POCSO to the relevant authorities, according to the Madras High Court.
The Madras High Court stated that the Head Master is responsible for the entire school and must report any incidents related to the POCSO Act to either the District Child Protection Officer or the police right away. This remark came while the court was reviewing a petition aimed at dismissing a case under the POCSO Act. Justice P. Velmurugan noted, “The Head Master is the guardian of the entire school. If any incident under the POCSO Act occurs, it must be reported immediately to the District Child Protection Officer or the police. In this case, the petitioner, who was the Head Master at the time, failed to inform the authorities about the sexual assault committed by another individual and did not take any action against them.”
The petitioner was represented by Advocate P. Krishnamoorthy, while the respondent was represented by Additional Public Prosecutor Mr. S. Sugendran. The petitioner’s counsel argued that the petitioner was the Head Master of the school where the victim was enrolled. He pointed out that although the petitioner was not named in the FIR, his name was later added to the charge sheet as A3 for not reporting the crime. He claimed that no complaint was made by the victim and that the complaint was filed three years later. He also mentioned that there was a delay in filing the charge sheet, which was not explained.
The Court observed that the petitioner was not listed as an accused in the FIR at first. However, later evidence showed that the petitioner is involved in the crime, leading to his inclusion in the case as A3 under Section 21(2) of the POCSO Act. It noted that the Head Master did not fulfill his responsibility to report the incident. Since there is a clear initial allegation against the petitioner, the chargesheet cannot be dismissed. Therefore, the Petition was dismissed.
Cause Title: Aathimoolam vs. State Rep. by The Inspector of Police
